Probate Lawyer

Authentication

During probate in Utah, your attorney can begin the process of authenticating a last will and testament, if one is present. During this process, a judge will confirm that the will is valid during a court hearing. All beneficiaries will receive notice of this hearing. It allows all parties concerned the opportunity to object to the will, which is especially important if someone is in possession of a more recent will.

During this time, an heir may object to the executor appointed in the will, which is why hiring a lawyer can be beneficial. An attorney acts outside of the family and can objectively move the process forward with the best interests of the estate in mind.

The attorneys at Froerer & Miles understand all aspects of Utah law, including family law. We know that things can get complicated when a family is in mourning. By trusting a probate attorney from our law firm, you have the benefit of legal counsel from someone that also understands family law. This can help families prevent legal hiccups from becoming a source of tension. 

Appointing the Executor

Once the will is authenticated, the judge will appoint an executor who will oversee the probate process and settle the estate. The executor will receive legal documents that allow them to act and enter into transactions on behalf of the estate. These documents may be referred to as "letters of testamentary," "letters or authority," or "letters of administration."

If a will is not left by the decedent, the court will appoint the next of kin as the administrator of the estate. This is typically a surviving spouse or adult child. This individual is not obligated to serve and can decline the appointment.

A lawyer from the law firm of Froerer & Miles in Ogden, UT, can act in the capacity of executor or administrator. Serving in your place, an attorney can attend all court dates so that you can focus on working through your recent loss. 

Posting Bond

Before accepting the letters, it may be necessary for the administrating lawyer to post bond on behalf of the executor. This acts as an insurance policy to protect the beneficiaries from financial damages the estate may suffer due to intentional or unintentional errors on behalf of the executor. An attorney from the law firm of Froerer & Miles in Ogden, UT, can ensure the process is followed by the letter of the law, allowing heirs and beneficiaries to rest assured the estate will be handled properly.

Locating Assets

Once access has been granted to the necessary legal papers, our first task is locating and taking possession of all the decedent's assets. This protects the estate during the probate process. At this stage, a lawyer can be invaluable. Locating assets can involve a bit of detective work.  Sometimes people have assets that no one is aware of and that were not present in their wills. 

The hunt for assets typically involves a thorough review of insurance policies, tax returns, and other such documentation. Acting as executor or administrator, a lawyer will protect any real estate by ensuring mortgages and property taxes are paid, and insurance is kept current. This ensures property is not lost and does not go into foreclosure.

Other physical assets such as vehicles and collectibles may end up in the possession of the executor in order to keep them safe. Statements and documentation relating to bank accounts and investments such as stocks and bonds will also be collected and kept in a secure location during this time.

Appraisals and Determining Value

The value of the deceased person's assets on the date of death must be determined to provide an accurate account of the estate. This is usually accomplished through evaluating account statements and appraisals to determine monetary value. A comprehensive list of the deceased person's property and personal effects will then be submitted to the court. This report will state each asset's value as well as how the appraiser arrived at the respective value. 

Determining and Informing Creditors

Creditors of the decedent must be identified and notified of their death. Publishing a notice of the death in a local newspaper can alert creditors so that any unknown debts can be identified by the administering lawyer. After receiving notice, creditors have a limited period of time to make a claim against an estate for any money owed.

A probate attorney from the law firm of Froerer & Miles can prove invaluable at this stage of the probate process, as an executor can reject claims if they are believed to be invalid. The creditor is then allowed to petition the court to have a probate judge decide the legitimacy of the claim.

Payment of Debts

Once all debts are accounted for, creditor claims are paid. Using estate funds, your probate lawyer will pay all the decedent's debts and final bills. 

​Preparation and Filing of Tax Returns

Your lawyer will file the decedent's final personal income tax returns for the year in which they passed away. We will determine any estate tax liabilities and file the estate tax returns, if needed. Estate funds will be used to pay any due taxes. Liquidating assets from the estate may be a necessity to raise the capital needed to pay owed taxes.

Distribution of the Estate

Once all preceding steps are completed, your attorney can petition the court for permission to distribute the remaining assets to the benefactors named in the last will and testament. Your lawyer can provide a complete accounting of every financial transaction that has been engaged in during the probate process. Once permission has been granted by the courts, the estate can be distributed to the beneficiaries.

If minors are included in the bequests of the will, the law firm of Froerer & Miles can help set up a trust to accept possession of the assets. A trust is necessary since minors cannot own their own property.

How long does the probate process take?

This can vary from case to case. When you meet with the lawyers of Froerer & Miles, we will help explain the timeline and provide realistic expectations.

What does "reasonable fees" mean when it comes to probate lawyers?

Reasonable fees mean that our probate attorneys will charge a flat fee for services when possible. We will not charge a large percentage of the estate.

Do trusts go through probate proceedings?

No. A trust does not go through probate court.

If a trust is in place, do I still need a probate attorney?

Yes. While trusts do not go through probate court, other assets do.

Meanwhile, people might think that since their parent had a trust, an attorney is not necessary. But there are a lot of rules that must follow Utah code that tell a trustee what they have to do. For instance, they must send a copy of the trust to all beneficiaries. Too often, the trustee in charge ends up getting in a bind. If it is a charity that is a beneficiary, there can be even more disagreement. Having a skilled lawyer familiar with wills, trusts, and probate cases is always important following the passing of a family member.